Intercontinental to pay $8.2B for NYSE









The IntercontinentalExchange has agreed to buy rival exchange NYSE Euronext for $8.2 billion, as it moves to create one of the top futures markets in Europe and position the combined group to challenge arch rival CME Group.

The two exchanges said in an emailed statement on Thursday ICE had agreed to pay $33.12 a share for NYSE Euronext made up of one third cash and two thirds ICE shares.

The multi-billion dollar deal designed to push it into the big league of European derivatives and take on arch rival CME Group.

ICE may consider a spin-off or sale of NYSE's stock markets, a source told Reuters. As well as the 200-year old New York exchange, the NYSE also owns bourses in Paris, Amsterdam, Brussels and Lisbon.

"We can't exclude any option at this stage. It's all down to what regulators will require to get the deal approved, and to the timeframe they will give ICE to meet these targets," a source familiar with the situation told Reuters, adding that a deal was expected to be announced later on Thursday.

ICE has proposed buying NYSE, which also owns derivatives market Liffe, for $33 per share, a 37 percent premium to its Wednesday closing price, CNBC said.

One-third of the deal would be funded by cash and the rest in stock, the source confirmed.

NYSE and ICE representatives declined to comment.

Analysts said a deal would give Atlanta-based ICE a strategic boost with control of Liffe, Europe's second-largest derivatives market, helping it compete against U.S.-based CME Group Inc., owner of the Chicago Board of Trade.

"ICE is after Liffe, that is the crown jewel of NYSE Euronext. ICE could potentially sell the U.S. and European equities business, but could struggle to find a buyer. A spin-off of this business could be more likely," said Peter Lenardos, analyst at RBC Capital Markets.

"Strategically it makes sense for ICE to enter the European derivatives space in a meaningful way, but paying $10 billion -- with debt -- to do so sounds generous for NYSE shareholders and expensive for ICE shareholders.

At the close of trading on Wednesday, NYSE was worth about $5.8 billion, indicating that ICE may be willing to pay roughly $8 billion for the owner of the world's largest stock market.

NYSE shares jumped 12 percent in after-hours trading to $26.96. ICE shares rose 3.1 percent to $132.32.

REGULATORY THUMBS-UP

An ICE-NYSE Euronext tie-up would leap-frog Deutsche Boerse to become the world's third-largest exchange group with a combined market value of $15.2 billion. CME Group, ICE's largest U.S.-based rival, has a market value of $17.5 billion, Thomson Reuters data shows.

Hong Kong Exchanges and Clearing is the world's largest exchange group with a market capitalization of $19.5 billion.

ICE's main operations are in energy futures trading and unlike NYSE Euronext, it has steered clear of stocks and stock-options trading, so there is not much business overlap between the two groups, making it more likely competition authorities would approve a tie-up.

Last year, the U.S. Justice Department blocked a $11 billion joint hostile bid by ICE and Nasdaq OMX Group for NYSE Euronext on concerns the tie-up would dominate U.S. stock listings.

If that bid had succeeded, ICE planned to buy NYSE Euronext derivatives business while Nasdaq would have taken control of the stock exchanges.

A rival $9.3 billion bid by German exchange operator Deutsche Boerse also ran afoul of regulators.

"I doubt the competition authorities will have a problem with it, there's only a modest overlap between the businesses," said Richard Perrott, an analyst at Berenberg Bank.

"The rationale for the deal will be the same as that with Deutsche Boerse -- migrate the clearing of Liffe derivatives to ICE's services in London and scale up to attract OTC (Over The Counter) derivatives clearing. There could be more than $300 million in cost savings in the deal."

Before the latest ICE offer emerged, NYSE Euronext's shares had fallen by nearly a third since ICE and Nasdaq launched their thwarted joint bid.

The New York Stock Exchange, known as the Big Board and the symbol of U.S. capitalism, has seen its clout fade as new technology and the rise of private trading venues run by Wall Street banks and brokers cut its margins.

Founded in 2000 as a U.S. electricity trading platform backed by Wall Street banks and energy traders, ICE is the product of a string of acquisitions, from the London-based International Petroleum Exchange in 2001 through the New York Board of Trade and, most recently, a handful of smaller deals, including a climate exchange and a stake in a Brazilian clearing house.
 



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Document shows CPS had detailed school closing plans









An internal Chicago Public Schools document obtained by the Tribune shows for the first time that the Emanuel administration has weighed how many elementary and high schools to close in which neighborhoods and how to manage the public fallout.


Labeled a "working draft," the Sept. 10 document lays out the costs and benefits of specific scenarios — revealing that the administration has gone further down the path of determining what schools to target than it has disclosed.


While schools are not listed by name, one section of the document contains a breakdown for closing or consolidating 95 schools, most on the West and South sides, as well as targeting other schools to be phased out gradually or to share their facilities with privately run charter schools.





Mayor Rahm Emanuel and his top school leaders have said they are in the early stages of making difficult decisions and that the city cannot afford to keep operating deteriorating schools with dwindling student populations in the face of a billion-dollar budget deficit. The document goes well beyond what the administration has outlined to the public.


Amid a September teachers strike, the Tribune reported that the Emanuel administration was considering plans to close 80 to 120 schools, most in poor minority neighborhoods. Administration officials have repeatedly denied they have such a figure.


"Unless my staff has a hidden drawer somewhere where they've got numbers in there, we don't have a number," schools CEO Barbara Byrd-Bennett said in November.


But the internal document, prepared at a time when school leaders faced a December deadline to make their decisions public, lays out multiple scenarios for closing neighborhood schools and adding privately run charters — a key component of Emanuel's plans for improving public education. Chicago Teachers Union members, aldermen and other charter school critics have accused the administration of favoring the charters while depriving schools in poor neighborhoods of needed improvements.


The document discusses how to deal with public reaction to school closing decisions, with ideas ranging from establishing "a meaningful engagement process with community members" to building a "monitoring mechanism to ensure nimble response to opposition to proposed school actions."


It is unclear how closely the administration is following the ideas in the 3-month-old document; sources told the Tribune the school closing plans are being constantly updated and subsequent proposals have been kept under close wraps.


The detailed document obtained by the Tribune comes from a time when a Chicago teachers strike interrupted the beginning of the school year and Jean-Claude Brizard was still Emanuel's schools chief; the embattled Brizard quit soon after. Byrd-Bennett was a top education official at CPS under Brizard and was named by Emanuel to succeed him.


CPS spokeswoman Becky Carroll said Tuesday that "this plan was proposed by past leadership at CPS and is not supported by CEO Byrd-Bennett."


"In terms of whatever document you have, I don't care when it's dated, as of today there's no list and there's no plan," Carroll said. "Maybe there were multiple, different scenarios passed around at some point, I don't know, but there's no list of schools.


"When CEO Barbara Byrd-Bennett took this position, she made it very clear that we were going to do this differently than how it's been done in the past," which is why she appointed a commission to take public input on school closings, Carroll said.


But under Byrd-Bennett's tenure, at least one of the proposals outlined in the secret document has come to pass — the idea of a five-year moratorium on further school closings after this school year.


First mention: The September document raises the idea of a moratorium that would extend beyond Emanuel's first term in office as part of the rollout of school closings. But the mayor's first public mention of a moratorium came in November, when he offered it as a sweetener that helped persuade state lawmakers to extend the December deadline for announcing school closings to March.


Critics called the delay a ploy to give opponents less time to organize against the closings. But Emanuel said school officials needed the time to gather community input on the "tough choices" about school closings.


Byrd-Bennett said her decisions on what schools to close won't come until after she receives recommendations from the commission she created. The Tribune reported last week that the commission chairman doesn't plan on issuing recommendations until days before the March 31 deadline for announcing school closings — and even then, there are no plans for the commission to identify individual schools.


While CPS has not released a list of schools to close, it has made publicly available a breakdown of how much a building is used, performance levels per school and how expensive the facility is to keep open. School officials have said underenrollment is a key factor in school closing decisions this year. The school system recently released a list of about 300 "underutilized" schools — nearly half the district — that have dwindling student populations.


But the document obtained by the Tribune contains clues as to how the administration could make those decisions.


Closing breakdown: The most stark page in the document is a graphic that breaks down the 95 schools that could be closed in each of CPS' 19 elementary and high school networks.





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Bankrupt Eastman Kodak to sell patents for $525 million


(Reuters) - Bankrupt camera maker Eastman Kodak Co agreed to sell its digital imaging patents for about $525 million to a consortium led by Intellectual Ventures and RPX Corp, a key step to ending its bankruptcy.


The photography pioneer said a portion of the payment will come from 12 intellectual property licensees organized by Intellectual Ventures and RPX Corporation.


A sale of the roughly 1,100 patents, which Kodak has said could be worth as much as $2.6 billion, has been a key element of the Rochester, New York-based company's plans to shift its focus to commercial packaging and printing from photography.


The agreements are subject to approval by the U.S. Bankruptcy Court in Manhattan.


The Kodak bankruptcy case is in Re: Eastman Kodak Co. et al, U.S. Bankruptcy Court, Southern District of New York, No. 12-10202.


(Reporting by Tom Hals in Wilmington, Delaware and Sruthi Ramakrishnan in Bangalore; Editing by Nick Zieminski)



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Jets bench Sanchez, will start McElroy vs Chargers


NEW YORK (AP) — Mark Sanchez is no longer the New York Jets' franchise quarterback.


He might not even be the backup.


Rex Ryan decided to bench Sanchez on Tuesday in favor of Greg McElroy after the fourth-year quarterback had another miserable performance in a 14-10 loss at Tennessee on Monday night that eliminated New York from playoff contention.


"I think it's best for our team, and for this game," Ryan said during a conference call.


So, it'll be McElroy under center for his first NFL start when the Jets (6-8) play the San Diego Chargers at home Sunday. Ryan hasn't decided whether Sanchez or Tim Tebow — listed as the No. 2 quarterback — will be the backup.


While Sanchez blew the second chance Ryan gave him a few weeks ago, Tebow was leapfrogged by a third-stringer, fueling speculation that the team has little confidence in him as a quarterback.


"I have to look at what I think is the best for the team and not necessarily the individual," Ryan said. "I'll say this about Tim and I've always said it: I know he wants to help this team be successful in the worst way and there's no doubt about that."


Sanchez threw four interceptions Monday night and wasn't able to handle a low snap with the game on the line, ending the Jets' hopes to get back into the postseason.


Things got worse after the game for Sanchez, who received a series of death threats from one disgruntled fan on Twitter. League spokesman Greg Aiello said the NFL's security staff was aware of the man's threats and was working with the Jets to assist on the matter. The team declined comment through a spokesman.


Ryan said after the loss that he wasn't ready to decide who would start against the Chargers, but told Sanchez he would be making a change at quarterback by going with either McElroy or Tebow.


"He respected my decision," Ryan said. "That's not easy, that's for sure."


After talking to his staff and members of the organization Tuesday, Ryan chose McElroy.


"This is my opinion, and I do believe that it's best for our team that Greg is our quarterback," Ryan insisted. "I'm the guy that's making this decision. Every decision I make is based on what I believe is the best decision for the team."


But Ryan was vague in his answers to why he selected McElroy above Tebow, choosing after being asked several times to not go into detail about what specifically factored into the decision.


"I can answer this question a million ways, frontward, backward, sideways, anything else," Ryan said. "It's my decision and I based it on a gut feeling or whatever."


McElroy, a seventh-round pick last year out of Alabama, helped lead the Jets to a 7-6 win over Arizona on Dec. 2 when Ryan pulled Sanchez from that game late in the third quarter. McElroy had modest numbers — 5 of 7 for 29 yards — but threw for the only touchdown of the game, and nearly led another scoring drive as the Jets ran out the clock.


Ryan decided to stick with Sanchez after that game, saying that the one-time face of the franchise gave the Jets their best chance at winning as they remained in the playoff hunt.


But Sanchez struggled in a 17-10 win over Jacksonville and again even more in the loss to Tennessee. McElroy, who gave the Jets a huge spark in his first NFL action, was inactive for both games. That hurt New York on Monday night when Ryan was unable to turn to McElroy since he was not in uniform for the game. Instead, Ryan went to Tebow for one series — which had been part of the game plan — but it was unproductive and Sanchez came back in for the next offensive possession.


Sanchez leads the league with 24 turnovers, including 17 interceptions, and has turned the ball over 50 times since the start of last season. His future with the team is uncertain because he signed a contract extension with New York in March that included $8.25 million in guaranteed money for next season.


Ryan would not commit to Sanchez beyond this season, and wouldn't discuss what the depth chart will look like.


"We have two games left and that's where my focus is going to be," he said. "What's past that will be determined later."


Sanchez was regularly booed during home games this season, falling out of favor with the fans who were excited when the Jets traded up to take him with the fifth overall pick in the 2009 draft.


"Has he had better days than (Monday night)? Absolutely," Ryan said.


There certainly were some good moments for the former Southern California star, particularly in helping lead New York to the AFC championship game in each of his first two seasons, but he failed to take the next step in his development.


While his frequent mistakes in reading defenses and miscalculating throws are a huge reason for his struggles, Sanchez also wasn't helped by a constantly changing cast around him. Several of the team's top offensive players — Thomas Jones, Leon Washington, Jerricho Cotchery, Brad Smith, LaDainian Tomlinson, Plaxico Burress, Alan Faneca and Damien Woody — have all been released, traded or allowed to become free agents since Sanchez's rookie season. He is also working with his second offensive coordinator in Tony Sparano after an up-and-down three seasons with Brian Schottenheimer.


Tebow, acquired from Denver in March, has had a minor role in the offense after being expected to play a major part. He is recovering from two broken ribs that sidelined him for three games, but returned Monday night and had little impact. It would seem unlikely that Tebow, who helped lead the Broncos to the playoffs last season, will be back next season.


When Tebow arrived in New York, he often said he was "excited to be a Jet," but there's little doubt that he no longer feels that way. He has done his best to hide his frustration throughout the season, especially when the wildcat-style offense was talked up by Ryan and Sparano as a highlight of the offense.


Tebow has instead just been a spare part on an offense that ranks 30th in the NFL. He is 6 of 8 passing for 39 yards, and has run 32 times for 102 yards — playing a more significant role as the personal punt protector on special teams.


"People can speculate anything they want," Ryan said. Obviously, as a football team, we're 6-8 and nobody's happy about that and ultimately, I'm the one accountable."


___


Online: http://pro32.ap.org/poll and http://twitter.com/AP_NFL


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Tom Hooper, Mychael Danna join crowded slate of Palm Springs honorees






LOS ANGELES (TheWrap.com) – “Les Miserables” director Tom Hooper and “Life of Pi” composer Mychael Danna are the latest awards-season hopefuls to be added to the slate of honorees at the Palm Springs International Film Festival, PSIFF organizers announced on Tuesday.


The two will join a list of honorees that in recent days has expanded to include Helen Mirren, Richard Gere, Bradley Cooper and Sally Field. Other awards will go to Helen Hunt, Naomi Watts, Robert Zemeckis and the cast of “Argo.”






Hooper will receive the Sonny Bono Visionary Award, named in honor of the singer/producer/actor and Palm Springs mayor who launched the festival. Past recipients include Danny Boyle, Quentin Tarantino, Baz Luhrmann and last year’s winner, “The Artist” director Michel Hazanavicius.


Tom Hooper brilliantly transforms the classic stage musical ‘Les Misérables’ into a cinema marvel,” said festival chairman Harold Matzner in a press release announcing the awards. “By asking his amazing cast of actors to sing live on film, Hooper allows them to connect even further with their characters, resulting in emotional powerhouse performances that are enthralling audiences worldwide.”


Danna, who has won acclaim for his score to Ang Lee’s “Life of Pi,” will receive the Frederick Loewe Award for Film Composing, a PSIFF honor that in the past has gone to T Bone Burnett, Alexandre Desplat, Danny Elfman, Randy Newman and Diane Warren.


Danna previously wrote music for Lee’s films “The Ice Storm” and “Ride With the Devil.” “Mychael Danna is a pioneer in creating original compositions that are as dramatic and innovative as the films in which they are featured,” said Matzner in the release.


PSIFF’s Awards Gala will take place on Saturday, January 5, and the festival will run from January 3 through January 14.


Movies News Headlines – Yahoo! News





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Experts: Kids are resilient in coping with trauma


WASHINGTON (AP) — They might not want to talk about the gunshots or the screams. But their toys might start getting into imaginary shootouts.


Last week's school shooting in Connecticut raises the question: What will be the psychological fallout for the children who survived?


For people of any age, regaining a sense of security after surviving violence can take a long time. They're at risk for lingering anxiety, depression, post-traumatic stress disorder.


But after the grief and fear fades, psychiatrists say most of Newtown's young survivors probably will cope without long-term emotional problems.


"Kids do tend to be highly resilient," said Dr. Matthew Biel, chief of child and adolescent psychiatry at MedStar Georgetown University Hospital.


And one way that younger children try to make sense of trauma is through play. Youngsters may pull out action figures or stuffed animals and re-enact what they witnessed, perhaps multiple times.


"That's the way they gain mastery over a situation that's overwhelming," Biel explained, saying it becomes a concern only if the child is clearly distressed while playing.


Nor is it unusual for children to chase each other playing cops-and-robbers, but now parents might see some also pretending they're dead, added Dr. Melissa Brymer of the UCLA-Duke National Center for Child Traumatic Stress.


Among the challenges will be spotting which children are struggling enough that they may need professional help.


Newtown's tragedy is particularly heart-wrenching because of what such young children grappled with — like the six first-graders who apparently had to run past their teacher's body to escape to safety.


There's little scientific research specifically on PTSD, post-traumatic stress disorder, in children exposed to a burst of violence, and even less to tell if a younger child will have a harder time healing than an older one.


Overall, scientists say studies of natural disasters and wars suggest most children eventually recover from traumatic experiences while a smaller proportion develop long-term disorders such as PTSD. Brymer says in her studies of school shootings, that fraction can range from 10 percent to a quarter of survivors, depending on what they actually experienced. A broader 2007 study found 13 percent of U.S. children exposed to different types of trauma reported some symptoms of PTSD, although less than 1 percent had enough for an official diagnosis.


Violence isn't all that rare in childhood. In many parts of the world — and in inner-city neighborhoods in the U.S., too — children witness it repeatedly. They don't become inured to it, Biel said, and more exposure means a greater chance of lasting psychological harm.


In Newtown, most at risk for longer-term problems are those who saw someone killed, said Dr. Carol North of the University of Texas Southwestern Medical Center, who has researched survivors of mass shootings.


Friday's shootings were mostly in two classrooms of Sandy Hook Elementary School, which has about 450 students through fourth-grade.


But those who weren't as close to the danger may be at extra risk, too, if this wasn't their first trauma or they already had problems such as anxiety disorders that increase their vulnerability, she said.


Right after a traumatic event, it's normal to have nightmares or trouble sleeping, to stick close to loved ones, and to be nervous or moody, Biel said.


To help, parents will have to follow their child's lead. Grilling a child about a traumatic experience isn't good, he stressed. Some children will ask a lot of questions, seeking reassurance, he said. Others will be quiet, thinking about the experience and maybe drawing or writing about it, or acting it out at playtime. Younger children may regress, becoming clingy or having tantrums.


Before second grade, their brains also are at a developmental stage some refer to as magical thinking, when it's difficult to distinguish reality and fantasy. Parents may have to help them understand that a friend who died isn't in pain or lonely but also isn't coming back, Brymer said.


When problem behaviors or signs of distress continue for several weeks, Brymer says it's time for an evaluation by a counselor or pediatrician.


Besides a supportive family, what helps? North advises getting children back into routines, together with their friends, and easing them back into a school setting. Studies of survivors of the Sept. 11 terrorist attacks found "the power of the support of the people who went through it with you is huge," she said.


Children as young as first-graders can benefit from cognitive-behavioral therapy, Georgetown's Biel said. They can calm themselves with breathing techniques. They also can learn to identify and label their feelings — anger, frustration, worry — and how to balance, say, a worried thought with a brave one.


Finally, avoid watching TV coverage of the shooting, as children may think it's happening all over again, Biel added. He found that children who watched the 9/11 clips of planes hitting the World Trade Center thought they were seeing dozens of separate attacks.


___


EDITOR'S NOTE — Lauran Neergaard covers health and medical issues for The Associated Press in Washington.


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Cassadee Pope wins Season 3 of 'The Voice'


NEW YORK (AP) — Cassadee Pope, who was country singer Blake Shelton's protege on the third season of NBC's "The Voice," has won the show's competition.


The 23-year-old singer is stepping out into a solo career after performing with a band called Hey Monday. Her victory over Scottish native Terry McDermott and long-bearded Nicholas David was announced at the end of a two-hour show Tuesday.


"The Voice" has grown into a hit for NBC and was the key factor in the network's surprising success this fall.


The show's status was affirmed by the stream of hitmakers who performed on the finale. They included Rihanna, Bruno Mars, the Killers, Smokey Robinson and Peter Frampton.


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Property purchase near McCormick gets OK









Convention officials on Tuesday took a step toward acquiring properties north of McCormick Place for the potential development of hotels, restaurants and entertainment venues.


The Metropolitan Pier and Exposition Authority board approved the purchase of a parcel at 2101 S. Indiana Ave. for $5.1 million, with closing expected by year-end. A two-story building on the 23,126-square-foot property is now leased to operators of a methadone clinic.


The property is on the same block as a contested 1.23-acre parcel at 230 E. Cermak Rd., owned since 2005 by Olde Prairie Block Owner LLC. The company, led by developers Pamela Gleichman, Karl Norberg and Gunnar Falk, is fighting in U.S. Bankruptcy Court to retain that parcel as well as the entire block immediately to the east, at 330 E. Cermak, which it has owned since 1998 and hopes to develop as a convention hotel, a smaller boutique hotel and restaurants.





If Olde Prairie fails to show its plan is financially plausible at a hearing Dec. 27, Judge Jack Schmetterer has said he will dismiss it, opening the door for lender CenterPoint Properties Trust to take over the parcels and put them up for auction. Olde Prairie has been in default since early 2009.


Jim Reilly, CEO of the authority, the state-city agency that owns McCormick Place, declined to comment on whether the authority would pursue the Olde Prairie Block properties if they become available.


The authority, commonly known as McPier, has been in talks with DePaul University about the possibility of building an arena for men's basketball near McCormick Place, but Reilly said the purchase of the South Indiana parcel is an independent move aimed at ensuring the authority has room to develop such add-ons as more hotels, restaurants and entertainment venues. DePaul, whose Blue Demons play at the Allstate Arena in Rosemont, also has been in talks with the owners of the United Center.


Meanwhile, speculation has resurfaced about building a casino near McCormick Place, with questions about whether the Olde Prairie blocks would be considered. Reilly said he thinks they are too close to the exhibit halls. Convention officials have said a casino on the convention campus or its immediate vicinity could pull trade show attendees away from the show floor.


McPier's latest acquisition will add to a nearby parcel it already owns at 2100 S. Prairie Ave.


"Ultimately, our goal is to develop a more vibrant and interesting neighborhood for McCormick Place," Reilly said.


McPier will purchase the parcel on South Indiana from RZR Equities LLC, Noah LLC and Hinsdale 111 LLC.


A financial restructuring approved by the Illinois General Assembly in 2010 gave the authority additional borrowing capacity for expansion projects. McPier will use proceeds from expansion bonds to fund the purchase.


kbergen@tribune.com


Twitter @kathy_bergen





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Students returning to classes in Newtown, Conn.









NEWTOWN, CONN. -- The schools of Newtown, which stood empty in the wake of a shooting rampage that took 26 of their own, are filled with the sounds of students and teachers this morning as the bucolic Connecticut town struggles to return to normal.


But among the normal sounds of a school day -- teachers reading to children, the scratch of pencil on paper -- students will hear new ones, including the murmur of grief counselors and the footsteps of police officers.


>> Photos: Newtown school shooting victims











Four days after 20-year-old Adam Lanza strode into Sandy Hook Elementary school and gunned down a score of 6- and 7-year-olds, in addition to six faculty and staff, that school will remain closed. It is an active crime scene, with police coming and going past a line of 26 Christmas trees that visitors have decorated with ornaments, stuffed animals and balloons in the school colors of green and white as a memorial to the victims.


The massacre -- one of the deadliest school shootings in U.S. history, prompting some lawmakers to call for tighter restrictions on guns and causing school administrators around the country to assess their safety protocols.


Newtown police plan to have officers at the six schools that reopened Tuesday morNing, trying to offer a sense of security to the students and faculty, many of whom spent the weekend in mourning. Newtown Police Lieutenant George Sinko acknowledged it may be difficult to ease the worries of the roughly 4,700 returning students and their families.


"Obviously, there's going to be a lot of apprehension. We just had a horrific tragedy. We had babies sent to school that should be safe and they weren't," Sinko said. "You can't help but think ... if this could happen again."


Day for 'healing'


Newtown High School Principal Charles Dumais, in an e-mail to parents, said schools in the district would open two hours later than usual, with counselors available to students and their families.

"This is a day to start healing," Dumais said.


While school officials have not yet decided when Sandy Hook students will resume their studies, the building that they will move into - the unused Chalk Hill School in the nearby town of Monroe - already showed signs of preparation. On a fence opposite the building, a green sign with white lettering proclaimed "Welcome Sandy Hook Elementary!"Dan Capodicci, whose 10-year-old daughter attends the school at St. Rose of Lima Roman Catholic Church, said he thinks it's time for her to get back to classes.

"It's the right thing to do. You have to send your kids back. But at the same time I'm worried," he said. "We need to get back to normal."


Gina Wolfman said her daughters are going back to their seventh- and ninth-grade classrooms tomorrow. She thinks they are ready to be back with their friends.


"I think they want to be back with everyone and share," she said.


Newtown police Lt. George Sinko said whether to send children to school is a personal decision for every parent.


"I can't imagine what it must be like being a parent with a child that young, putting them on a school bus," Sinko said.


The district has made plans to send surviving Sandy Hook students to Chalk Hill, a former middle school in the neighboring town of Monroe. Sandy Hook desks that will fit the small students are being taken there, empty since town schools consolidated last year, and tradesmen are donating their services to get the school ready within a matter of days.


"These are innocent children that need to be put on the right path again," Monroe police Lt. Brian McCauley said.


With Sandy Hook Elementary still designated a crime scene, state police Lt. Paul Vance said it could be months before police turn the school back over to the district and complete their probe into Adam Lanza, who killed his mother, Nancy, athome, before driving to the school armed with a Bushmaster AR 15 rifle and two handguns. After shooting 26 people at the school, he turned his gun on himself when he heard police approaching.


First students laid to rest

Many of the students and faculty of Sandy Hook and its neighbors will still have funerals to attend.


On Monday, Newtown held the first two funerals of many the picturesque New England community of 27,000 people will face over the next few days, just as other towns are getting ready for the holidays. At least one funeral is planned for a student — 6-year-old Jessica Rekos — as well as several wakes, including one for teacher Victoria Soto, who has been hailed as a hero for sacrificing herself to save several students.


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Judge rejects Apple injunction bid vs. Samsung


(Reuters) - A U.S. judge on Monday denied Apple Inc's request for a permanent injunction against Samsung Electronics' smartphones, depriving the iPhone maker of key leverage in the mobile patent wars.


Apple had been awarded $1.05 billion in damages in August after a U.S. jury found Samsung had copied critical features of the iPhone and iPad. The Samsung products run on the Android operating system, developed by Google.


Apple and Samsung are going toe-to-toe in a patents dispute that mirrors the struggle for industry supremacy between the two companies, which control more than half of worldwide smartphone sales.


For most of the year, Apple had been successful in its U.S. litigation campaign against Samsung. Apple convinced U.S. District Judge Lucy Koh in San Jose, California to impose two pretrial sales bans against Samsung -- one against the Galaxy Tab 10.1, and the other against the Galaxy Nexus phone.


Apple then sought to keep up the pressure after its sweeping jury win. It asked Koh to impose a permanent sales ban against 26 mostly older Samsung phones, though any injunction could potentially have been extended to Samsung's newer Galaxy products.


Yet the jury exonerated Samsung on the patent used to ban Galaxy Tab 10.1 sales, and Koh rescinded that injunction. Then, in October, a federal appeals court reversed Koh's ban against the Nexus phone.


In her order late on Monday, Koh cited that appellate ruling as binding legal precedent, ruling that Apple had not presented enough evidence that its patented features drove consumer demand for the entire iPhone.


"The phones at issue in this case contain a broad range of features, only a small fraction of which are covered by Apple's patents," Koh wrote.


"Though Apple does have some interest in retaining certain features as exclusive to Apple," she continued, "it does not follow that entire products must be forever banned from the market because they incorporate, among their myriad features, a few narrow protected functions."


An Apple spokeswoman declined to comment on Koh's ruling, and a Samsung representative could not immediately be reached.


In a separate order on Monday, Koh rejected a bid by Samsung for a new trial based on an allegation that the jury foreman was improperly biased in favor of Apple.


The case in U.S. District Court, Northern District of California is Apple Inc. vs. Samsung Electronics Co Ltd et al, 11-1846.


(Reporting by Dan Levine in Oakland, California; Editing by Ron Popeski)



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